Skip to main content

Reply to this post | See parent post | Go Back
View Post [edit]

Poster: quigs Date: Dec 12, 2008 9:28pm
Forum: feature_films Subject: Re: Victory At Sea

Well, by all means pull the thing!!!!!!!!!!!!!

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Dec 12, 2008 10:24pm
Forum: feature_films Subject: Re: Victory At Sea

I think my point was missed. The complete episodes are OK. It would only be a copyright infringement if you used portions of the episode including the copyright music in a derivative work.

US copyright law is to ambiguous on these sorts of matters. What you need is a clause in your law like we have in Australian Copyright law:

"Section 110 (2) Where, by virtue of this Part, copyright has subsisted in a cinematograph film, a person who, after that copyright has expired, causes the film to be seen or heard, or to be seen and heard, in public does not, by so doing, infringe any copyright subsisting by virtue of Part III in a literary, dramatic, musical or artistic work."

If you had a clause like that copyright would be less complicated.

Reply to this post
Reply [edit]

Poster: quigs Date: Dec 13, 2008 4:11pm
Forum: feature_films Subject: Re: Victory At Sea

I'm glad you clarify that, Videocellar. I really like that series. It would be a shame to see it go.

Reply to this post
Reply [edit]

Poster: Lum Edwards Date: Dec 13, 2008 5:01am
Forum: feature_films Subject: Re: Victory At Sea

So I can leave those there then? I really didnt want to pull all 26 eps. Thank You For the info.

Mike D.

Reply to this post
Reply [edit]

Poster: chuncha Date: Dec 13, 2008 4:59pm
Forum: feature_films Subject: Re: Victory At Sea

Actually, I looked under "Victory At Sea" on the copyright search site on the first pass.
Later, when I thought to search under individual episodes, I found they were all renewed by NBC.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Dec 13, 2008 7:41pm
Forum: feature_films Subject: Re: Victory At Sea

Not true.

NBC registered each of these film episodes for copyright in 1986 this is between 34 and 35 years after publication and 6 and 7 years after the renewal year for each of these episodes. At best they have a copyright on the video tapes or reruns of the series they did at the time.

Below are those registration details and the publication dates:

Design for War (PA0000324638 / 1986-10-01)
Original Air Date—26 October 1952

The Pacific Boils Over (PA0000317561 / 1986-10-01)
Original Air Date—2 November 1952

Sealing the Breach (PA0000324642 / 1986-10-01)
Original Air Date—9 November 1952

Midway Is East (PA0000317562 / 1986-10-01)
Original Air Date—23 November 1952

Mediterranean Mosiac (PA0000324651 / 1986-10-01)
Original Air Date—30 November 1952

Guadacanal (PA0000324650 / 1986-10-01)
Original Air Date—7 December 1952

Rings Around Rabaul (PA0000324646 / 1986-10-01)
Original Air Date—14 December 1952

Mare Nostrum (PA0000324649 / 1986-10-01)
Original Air Date—21 December 1952

Sea and Sand (PA0000324640 / 1986-10-01)
Original Air Date—28 December 1952

Beneath the Southern Cross (PA0000324639 / 1986-10-01)
Original Air Date—4 January 1953

The Magnetic North (PA0000324647 / 1986-10-01)
Original Air Date—11 January 1953

Conquest of Micronesia (PA0000324641 / 1986-10-01)
Original Air Date—18 January 1953

Melanesian Nightmare (PA0000324643 / 1986-10-01)
Original Air Date—25 January 1953

Roman Renaissance (PA0000324628 / 1986-10-01)
Original Air Date—1 February 1953

D - Day (PA0000324634 / 1986-10-01)
Original Air Date—8 February 1953

Killers and the Kill (PA0000324629 / 1986-10-01)
Original Air Date—15 February 1953

The Turkey Shoot (PA0000324636 / 1986-10-01)
Original Air Date—22 February 1953

Two If by Sea (PA0000324637 / 1986-10-01)
Original Air Date—1 March 1953

The Battle for Leyte Gulf (PA0000324633 / 1986-10-01)
Original Air Date-8 March 1953

Return of the Allies (PA0000324630 / 1986-10-01)
Original Air Date-15 March 1953

Full Fathom Five (PA0000324644 / 1986-10-01)
Original Air Date—22 March 1953

The Fate of Europe (PA0000324645 / 1986-10-01)
Original Air Date—29 March 1953

Target Suribachi (PA0000324631 / 1986-10-01)
Original Air Date—5 April 1953

The Road to Mandalay (PA0000324648 / 1986-10-01)
Original Air Date—12 April 1953

Suicide for Glory (PA0000324635 / 1986-10-01)
Original Air Date—19 April 1953

Design for Peace (PA0000324632 / 1986-10-01)
Original Air Date—26 April 1953

The feature version of the series was registered for copyright in 1954

VICTORY AT SEA. National Broadcasting
Co. Released by United Artists Corp. 96
min., sd., b&w, 35mm. National Broadcasting
Co., Inc.; 13Jul54; MP5348.
(Source: CATALOG OF COPYRIGHT ENTRIES Motion Pictures 1950-1959, Library of Congress 1960 p. 366)

This copyright was not renewed.

Reply to this post
Reply [edit]

Poster: Arl13 Date: Jul 10, 2009 8:44am
Forum: feature_films Subject: Re: Victory At Sea

I spoke with someone at the NBC News Archives and she said that Victory at Sea is not in the public domain.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jul 10, 2009 6:24pm
Forum: feature_films Subject: Re: Victory At Sea

Many television networks believe that their television broadcasts are protected as "Unpublished works" by a common law copyright until they are either registered for copyright or "published".

Broadcast is not strictly publication. However, publication is defined as creating copies and distributing them to the public. This can either be direct distribution (such as marketing videos or film prints) or it can be distribution to a third party for showing to the public (film rental for schools, cinemas, local TV stations). Victory at Sea was a heavily syndicated program worldwide and the feature version was distributed to cinemas and TV stations worldwide. Any claim of protection as an unpublished work for the 33/34 years between publication and registration should fall flat in court.